Central Information Commission
Dr.Kalpana Khosla vs Ndmc, Gnct Delhi on 2 August, 2010
CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2010/001773/8795
Appeal No. CIC/SG/A/2010/001773
Relevant Facts emerging from the Appeal
Appellant : Dr. Kalpana Khosla
208-210, Golf Apartments,
Sujan Singh Park,
Delhi-03.
Respondent : Mr. Parshadi Lal
Public Information Officer & Dy. Director House Tax Department, New Delhi Municipal Corporation, Palika Kendra, Delhi.
RTI application filed on : 05/01/2010 PIO replied : 04/02/2010 First appeal filed on : 10/02/2010 First Appellate Authority order : 26/02/2010 Second Appeal received on : 25/06/2010 Information Sought
1. Reason why the Property tax and Rateable value for Flat No. 208 & 210, Golf Apartments, was enhanced in 2001-2002 and the same was not applied to all the self occupied flats in Golf Apartments.
2. The reason why the above mentioned flats were discriminated against and levied enhanced tax.
Reply of the Public Information Officer (PIO) Detailed assessment orders regarding the flats were issued to the Appellant vide A.O. No. D- 5940/DD(Tax)/2007 dated 15/11/2007 and D-5941/DD(Tax)/2007 dated 15/11/2007.
Grounds for the First Appeal:
Unsatisfactory information provided by the PIO. Order of the First Appellate Authority (FAA):
Additional information was submitted by the PIO during the hearing based on which the FAA held that the information sought by the Appellant was complete in totality.
Grounds for the Second Appeal:
Unfair disposal of the Appeal.
Relevant Facts emerging during Hearing:
The following were present Appellant: Dr. Kalpana Khosla;
Respondent: Mr. Parshadi Lal, Public Information Officer & Dy. Director;
The appellant has two flats flat no.208 and 210 of area 1480 and 1587sqr. feets at Golf Apartment, New Delhi. The rateable value determined for this by the property tax dept. of NDMC is Rs.263700/- and Rs.282800/-. This rateable value has been determined on 01/02/2008 and has been given retrospective Page 1 of 2 effective from the year 2001 onwards. The appellant is agitated because for flats on the same floor as her clearly lower rateable value is being charged. She has produced the rateable value charged for flat no. 214 of 2140 Sqr. feet Golf Apartment New Delhi for which rateable value of Rs.87700/- has been determined. This truly a transparent admission of arbitrariness. Some senior officers in NDMC should look into this gross disparity in determining the rateable value. The Commission directs the PIO to provide the calculations by which the rateable value has been determined for flat nos.207, 208, 210 and 214 Golf Apartment New Delhi.
Decision:
The Appeal is allowed.
The PIO is directed to give the information as described above to the appellant before 20 August 2010.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 02 August 2010 (In any correspondence on this decision, mention the complete decision number.)(ND) Page 2 of 2